TERMS AND CONDITIONS OF SERVICE
Sparklight® is a dba (“doing business as”) alias of Cable One, Inc. (NYSE: CABO). In this document, “Cable One” and “Sparklight” may be used interchangeably and include any Cable One or Sparklight affiliate or subsidiary authorized to provide you with services. Please read carefully through the following terms and conditions (“Agreement”) as it defines the legal relationship between you (“Customer,” “You,” or “Your”) and Sparklight (“Sparklight,” “Cable One,” “We,” “Us,” or “Our”) as of the date of Your initial service order regarding any service (“Service”) that You receive from Sparklight.
YOUR USE OF SPARKLIGHT SERVICES IS YOUR AGREEMENT TO COMPLY WITH THESE TERMS. When You order, request, or use a Service, whether in writing, orally, or online, You are deemed to have read and agreed to this Agreement and all Sparklight policies posted under “Legal” on Our website homepage (www.sparklight.com) whether You sign a document or not. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY STOP USE OF THE SERVICES, RETURN ANY SPARKLIGHT EQUIPMENT, AND NOTIFY THE SPARKLIGHT CUSTOMER SERVICES DEPARTMENT SO THAT YOUR CUSTOMER ACCOUNT(S) MAY BE CLOSED.
1. Subscription and Payment - You are subscribing to Services as set forth on Your work order, or as ordered by You in writing, orally, or online. You agree to pay the monthly services fees and related charges for the Services. Sparklight reserves the right to verify Your credit standing with credit reporting agencies and to require a deposit based on Your credit standing or other applicable criteria. You agree to pay for all Services provided to You by Us, including without limitation charges for installation, Equipment, Services provided on a per-channel or per-program basis, any other Services provided, and all applicable local, state, or federal fees, taxes, surcharges, and other fees that are imposed or permitted by governmental or quasi-governmental bodies for the sale, installation, use, or provision of the Service or Equipment. Monthly recurring charges are billed in advance and non-recurring charges are billed in arrears. All charges are due upon receipt of bill or by date specified on the billing statement for each period. If you intend to dispute a charge or request a billing credit, You must contact us within sixty (60) days of the date of the bill; otherwise, such dispute or credit is waived. You may not amend or modify this Agreement. Any restrictive endorsements (for example, “paid in full”), releases, or other statements on or accompanying any form of payment accepted by Sparklight shall have no legal effect.
2. Late Fees/Suspension Fees/Other Charges - You understand that Sparklight may impose an administrative late fee for each month’s charges not paid when due, as well as interest at the maximum interest rate permitted by law, accruing from the due date until the date paid. In addition, if Sparklight suspends any of the Services we provide to You, Sparklight may require that You pay a fee for restoring Your Service in addition to charging You the regular cost for such Service during the suspension. If Service is disconnected, Sparklight may impose a reconnect charge and/or security deposit, in addition to any outstanding balance, including without limitation late charge, before service is restored. If Your payment is returned or denied for insufficient funds, Sparklight may impose a service charge of up to $20 or the maximum allowed by law. If You have not paid amounts due within thirty (30) days of the due date, and Sparklight uses the services of a collection agency and/or attorney to collect amounts due, You agree to pay Us, in addition to other amounts due, all reasonable agency and attorney’s fees that We incur, including without limitation court costs.
3. Broadcast TV Surcharge - As a direct result of local broadcast, or “network-affiliated,” TV stations increasing rates to Sparklight to distribute their signals to Our customers, Sparklight will pass on to Our customers, and You hereby agree to pay, those charges as a Broadcast TV surcharge on Your video services bill.
4. Purchase Authorizations - You authorize Sparklight to accept, and charge You for, any orders or requests made from Your location or using Your account information. For example, if someone in Your home makes a long-distance phone call or makes a purchase request through Your remote, You are responsible for the resulting charges. As another example, if You provide any person with Your website username and password, You will be responsible for the costs of anything they order using such information, whether from within Your home or outside it. You are also responsible for any fraudulent uses or charges on Your account.
5. Ownership of and Access to Equipment - “Equipment” includes all Equipment delivered or provided to You and/or installed in or on Your premises by Sparklight, including without limitation set-top boxes, cable modems, wiring, and remote control. The Equipment shall remain Sparklight’s sole and exclusive property. You will allow Sparklight to enter Your premises to install, maintain, or replace Equipment and to make sure Sparklight’s Services are operating and being delivered to You and Your neighbors properly.
6. Tampering/Misuse/Lost/Stolen Equipment - You shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels. Equipment cannot be removed from Your premises and used in another location. You are responsible for the safekeeping of all Equipment. If any Equipment is destroyed, damaged, lost, or stolen while in Your possession, You shall be liable for the cost of repair or replacement of the Equipment.
7. Termination of Service - Upon termination of Service for any reason, You agree to immediately return all Equipment in the operating condition as when received (reasonable wear and tear excepted) directly to Sparklight. You are responsible for the regular cost of the Services until you can return the Equipment and We have disconnected Your service. Additionally, if You fail to return any Equipment, You shall pay Us the replacement cost of such Equipment. You understand and agree that all unreturned Equipment will be charged to Your credit card or bank account consistent with Your prior authorization as required by law.
8. Changes in Service, Equipment, and Charges; Parental Controls - Sparklight may change Our Service(s), Equipment, and charges, including deleting Services, with or without notice, and Your continued use of the Services shall constitute Your acknowledgement and acceptance of the changes. You acknowledge that the content, programs, or formats of the Services may be discontinued, modified, or changed by the owners of the services at any time without prior notice. Parental control is available to block or restrict certain programming or channels. It is Your sole responsibility to activate or otherwise enable this feature and to update settings if Sparklight or Our suppliers rearrange, delete, add, or change programming. Information on how to enable this feature is available from Sparklight upon request. The availability and effectiveness of this feature may vary. Even if You use the parental controls that Sparklight provides and they work as intended, You or Your children may be exposed to materials that You find objectionable.
9. Transfer of Account or Change of Residence - You may not assign or transfer Your obligations or rights related to the Equipment or the Services, including to a new address, without our express written consent.
10. Theft of Service - The receipt of Services without Sparklight’s authorization is a crime. You understand that the law prohibits: (a) theft or unauthorized reception of cable programming; (b) assisting theft or unauthorized reception of cable programming (including, but not limited to, the manufacturing or sale of equipment intended for such unauthorized use); and (c) willful damage, alternation, or destruction of Equipment. You can be subject to both civil and criminal penalties for such conduct.
11. Service and Repairs - Sparklight will use commercially reasonable efforts to maintain Our cable system, to respond to service calls in a timely manner, and to repair damage to Equipment, or interruption of Service, due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by misuse or neglect is Your sole responsibility and you must pay Sparklight for the cost of repair or replacement.
12. Access on Premises - You grant Sparklight a permanent easement on Your premises to construct, install, maintain, inspect, replace, and/or remove Our outlets, video, voice, and data transmission lines and all other Equipment necessary to provide Services. If You are not the owner of the premises, You warrant that You have obtained the consent of the owner of the premises for Sparklight to make installation and maintenance contemplated by Your order.
13. Customer’s Equipment - Sparklight shall have no responsibility for the operation, maintenance, or repair of any equipment owned by You, including without limitation televisions, VCRs, DVRs, audio receivers, converter boxes, and other devices. You shall not connect more than one television and/or stereo receiver to an outlet without notifying Sparklight, and getting Our advanced approval, of the connection. You agree not to connect any device to the Services that (a) harms Sparklight’s network; (b) is not compatible with Sparklight’s network; or (c) enables You or others to access or use the Service in violation of this Agreement or Sparklight’s Acceptable Use Policy.
14. Service Interruptions - The Service is provided on a shared network and subject to degraded performance and interruption at any time. Reasons for degraded performance and interruption include without limitation problems with Your computer, telephone, or set-top box; problems within Sparklight’s network, including without limitation network congestion, equipment failures, or damage to Sparklight’s network components; and problems outside of Sparklight’s network, including without limitation congestion, equipment failures, or damage to network components. Notwithstanding anything to the contrary herein, Sparklight’s video service, including without limitation all programming, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, data offerings, and other services are subject to change in accordance with applicable law. You acknowledge and agree that You have no right to receive, and Sparklight has no obligation to provide, any particular programming service or channel as part of the video service and that You are not entering into this Agreement or purchasing the video service in reliance on an expectation or promise, explicit or implicit, that any particular programming service or set of programming services shall be included as part of the video service. Without limiting the foregoing, the programming may become unavailable, either on a temporary or permanent basis, due to a dispute between Sparklight and a third-party programmer over rates or other terms and conditions of carriage. We assume no liability for, and You are not entitled to any credit for, interruption of Service or alterations in programming due to circumstances beyond Our control, including, but not limited to, acts of God, natural disaster, fire, civil disturbance, weather, strike, or public health emergency. Additionally, We assume no liability for, and You are not entitled to, any credit for, substitution, discontinuation, or modification of any programming.
15. Termination by Customer- If You elect to terminate Your Sparklight Service, You will remain liable for all Services rendered by Us up to the time Your account has been activated and We have received all Equipment.
16. Compliance with Agreement - Sparklight reserves the right to suspend performance or terminate Service for the breach of this Agreement or Our policies, in whole or in part, related to the Services.
17. Deletion of Materials - Sparklight reserves the right, both during the term of this Agreement and upon its termination, to delete voicemail messages, email messages, call details, files, and other information that is stored on Our servers, systems, or Equipment, in Our discretion and in accordance with Our storage and retention policies. We might delete this information for reasons including, without limitation, if the applicable Service account has gone unused for an extended period of time, if this Agreement has been terminated by You or by Us, or if We replace Equipment that holds such information. Such deletions also may occur inadvertently. Sparklight will not be responsible for any loss or removal of such data or information.
18. Notifications; Changes in Service or Terms - You acknowledge receipt of a Cable Privacy Notification as required by federal law.
- Changes to Our Agreements- Sparklight may change this Agreement, the Acceptable Use Policy and/or other policies and terms by amending the online version of the relevant document. Any such change will become binding on You thirty (30) days after We make that change. If You continue to use the Services following such 30-day period, You will have accepted and be legally bound by the change. If You do not agree to the change, You must contact Sparklight prior to the expiration of such 30-day period to cancel the Services that You receive from Us.
- Video Lineup Changes- You authorize Sparklight to provide required notices to You regarding channel line-up changes and other changes to Our Services by providing the relevant information on Our website, on Your monthly bill, as a bill insert, via email, in a newspaper or comparable medium, or by any other communications permitted under applicable law.
- Other Notices- You authorize Sparklight to provide other notices to You using any method We determine appropriate, including by electronic means, including without limitation email or online posting.
- Other Consents- Sparklight may ask You to provide consents or authorizations, including by electronic means (including, without limitation, email) or Your equipment (including, without limitation, using Your remote control to purchase a VOD movie, to request information regarding an advertiser’s products, or to opt in to a consumer study), and Sparklight is entitled to assume that any consent or authorization We receive through Your Services or from Your location has been authorized by You.
- Email Address for Notice- Upon Sparklight’s request, You will provide Us with a current email address that You regularly check so that We may provide notices and communications to You at that address. If You stop using that email address, You will provide us with a new address for such purposes.
19. Customer Warranties - I, the Customer, represent and warrant that I am at least 18 years of age and am legally authorized to enter into this Agreement. I warrant that I am legally empowered to authorize Sparklight to enter upon the premises for the purpose of (a) placing transmission lines in the utility easement on the property, including without limitation, if necessary, an above-ground pedestal in the easement; (b) attaching wiring and equipment to the structure; and (c) installing, maintaining, repairing, or disconnecting Service. I further represent and warrant that (a) residential Service and Equipment will be used only for personal, residential, non-commercial purposes by me and the members of my immediate household living at the same, designated address and will not be duplicated except in compliance with applicable law; (b) I will not exhibit any programming (including without limitation PPV, VOD, or digital music) in a commercial establishment or for commercial purposes; (c) I will not resell or permit another to resell Service in whole or in part; and (d) I will not use the Equipment at an address other than the designated service address without Sparklight’s prior permission in each instance.
20. WARRANTY DISCLAIMER - OUR EQUIPMENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. NO STATEMENT, ADVICE, OR INFORMATION GIVEN BY US, OUR OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED REPRESENTATIVES, AFFILIATES, OR CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, CREATES A WARRANTY. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES BY SPARKLIGHT, WRITTEN OR ORAL, OTHER THAN THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT. WE DO NOT WARRANT THAT THE EQUIPMENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
21. Indemnification - You agree that You shall be responsible for and shall defend, indemnify, and hold harmless Sparklight and Our third-party service providers, agents, and suppliers, and their respective officers, employees, agents, contractors, or representatives (collectively, “Sparklight Group”) and shall reimburse the Sparklight Group for any damages, losses, or expenses (including without limitation reasonable attorney’s fees and costs) incurred in connection with any claims, suits, judgment, and causes of action arising out of (a) Your use of the Service or Equipment; (b) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from Your use of the Service or any unauthorized apparatus or system; and (c) Your breach of any provisions of this Agreement.
22. Limitations on Liability - In no event shall the Sparklight Group be liable for any indirect, incidental, exemplary, punitive, special, consequential, or similar damages arising out of or related to this Agreement, the Equipment, the Services, or Your use of or inability to use the foregoing, including without limitation lost business or profits, business interruption or downtime, loss of information or data, or cost of procurement of substitute or replacement goods or services. The total cumulative liability of the Sparklight Group arising out of and related to this Agreement, the Equipment, the Services, and Your use of or inability to use the foregoing shall not, regardless of the numbers of incidents or causes giving rise to any such liability, exceed the lesser of (a) the fees paid by You to Sparklight in respect of the Equipment and Services giving rise to the claim(s), or (b) the total fees paid by You to Sparklight under this Agreement in the twelve (12) months prior to the accrual of the first such claim. The limitations on liability in this section shall apply to the maximum extent permitted under applicable law, regardless of the cause of action or basis of liability (whether in contract, tort, strict liability, indemnity, or otherwise), even if advised of the possibility of such damages. These limitations on liability are an essential part of this Agreement, and shall be valid and binding even if any remedy is deemed to fail of its essential purpose.
23. Special Provisions Regarding Certain Telephone Services-
- You acknowledge that, with regard to telephone services provided over Internet protocol, the voice-enabled cable modem used to provide the telephone services is electrically powered and that the telephone services, including the ability to access 911 services and home security and medical monitoring services, may not operate in the event of an electrical power outage or if Your broadband cable connection is disrupted or not operating. You acknowledge that, in the event of a power outage in Your home, any battery included in Your voice-enabled cable modem may enable back-up service for a limited period of time or not at all, depending on the circumstances, and that inclusion of the battery does not ensure that telephone or other service will be available in all circumstances. You also acknowledge that, in the event of a loss of power that disrupts Your local Sparklight cable system, the battery in Your voice-enabled cable modem will not provide back-up service and the telephone service will not be available.
- You agree that the Sparklight Group will not be responsible for any losses or damages arising as a result of the unavailability of telephone service, including the inability to reach 911 or other emergency services, or the inability to contact Your home security system or remote medical monitoring service provider. You acknowledge that Sparklight does not guarantee that any telephone service will operate with Your home security and/or medical monitoring systems, and that You must contact Your home security or medical monitoring provider in order to test Your system’s operation with Sparklight’s Services. You agree that You are responsible for the cost of any such testing or any fees for configuring Your home security or medical monitoring system to work with the Services.
- The location and address associated with Your telephone service will be the address identified on Your order. You acknowledge that You are not permitted to move the Equipment from the location and address in which it has been installed. Furthermore, if You move Your voice-enabled cable modem to an address different than that identified on the order, calls from such modem to 911 will appear to 911 emergency services operators to be coming from the address identified on the order and not the new address.
- If Sparklight does not comply with Your requests regarding directory listing information (including, without limitation, list the wrong number or list a number You requested be unlisted), You may be entitled to a credit under Our policies. Other than these credits, We have no liability with respect to directory listings.
- Sparklight may block calls that are made to certain countries, cities, or telephone exchanges, or that use certain authorization codes if, in Our sole discretion, Sparklight deems it reasonably necessary to prevent unlawful or fraudulent use of the telephone services. Under the Truth in Caller ID Act, FCC rules prohibit anyone from knowingly transmitting misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongly obtain anything of value. You agree that Sparklight may immediately terminate or suspend Your account for any fraudulent, illegal, or unauthorized use of the telephone services that occurs through Your account. You are responsible for securing Your telephone equipment, and Sparklight’s Equipment located at Your premises, from being used to place fraudulent calls using the telephone services provided to You. You are also responsible for any fraudulent or unauthorized use of the telephone services that occurs through Your account regardless of who is responsible for such usage. You shall be solely responsible for payment of all applicable charges for the telephone services provided by Sparklight and charged to Your account, even where calls are originated by fraudulent means either from Your premises or from remote locations. Sparklight is not liable for any damages or fees, including without limitation toll usage charges, that You may incur as a result of unauthorized use of the telephone service provided to You. Unauthorized use of Your facilities may include, but is not limited to, the placement of calls from Your premises and the placement of calls through Your equipment that are transmitted or carried on Sparklight’s network. Misuse of service could include voice modem hijacking, excessive usage of international calling, 411 directory assistance calls, and other per-use charges.
24. Special Provisions Regarding Internet Services -
- You understand and agree that Sparklight does not guarantee any particular amount of bandwidth on the Sparklight network or that any speed or throughput of Your connection to the Sparklight network will be available to You. You understand and agree that the speed of the Service provided at Your site will vary depending upon a number of factors, including without limitation Your computer system(s) and associated equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Sparklight’s control, and system failures, modifications, upgrades, and repairs. You acknowledge and agree that your Wi-Fi router may limit speeds or throughput, and that speed tests performed through wireless devices may not accurately represent the speed being delivered to Your premises.
- You understand that Sparklight may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with Sparklight’s Acceptable Use Policy. These may include, without limitation, detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, and managing network resources through techniques that may include, without limitation, limiting the number of peer-to-peer sessions a customer can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups, and such other network management tools and practices as Sparklight may from time to time determine appropriate.
- You further understand and agree that, to allocate bandwidth across all of its users, Sparklight may employ traffic management technology, including without limitation packet-reset technology, which technology may materially slow the uploading of certain files.
- You acknowledge that the Service provides full access to the Internet and all content, applications, and services available over the Internet. Some content, applications, or services may be offensive or inappropriate for certain people. Such content may include information, images, or programs that are unlawful, infringing, abusive, profane, or sexually offensive. You assume all risk, responsibility, and liability for use of the Service to connect to, and access content on, the Internet. Sparklight and its officers, employees, and agents disclaim any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such content or from use or reliance upon information, services, or merchandise accessed on the Internet through the Service.
- You assume all responsibility and liability for any software, content, applications, or services that You download from the Internet, including without limitation any virus or other damaging or destructive attribute. Sparklight has no responsibility and disclaims any liability for such acts or occurrences. Sparklight does not endorse or warranty any third-party software, applications, services, or content that You access through the Service.
- You assume all responsibility and liability for the security of information on Your personal computer and information that You transmit or receive through the Service. Sparklight has no responsibility and disclaims any liability for the security of any information on Your personal computer, or the security or accuracy of any information or data transmitted or received through the Service. Sparklight has no responsibility and disclaims any liability for unauthorized access by third persons to Your personal computer, files, or data.
- You will not use, or allow others to use, the internet service to send or receive, or otherwise use any information that infringes the patents, trademarks, copyrights, trade secrets, or proprietary rights of any other person or entity. This includes without limitation digitization of music, movies, photographs, or other copyrighted materials or software. You must obtain appropriate authorization from such other person or entity prior to sending, receiving, or using such materials. You represent and warrant that You are and will be the author and copyright owner and/or an authorized licensee with respect to any hosted content, and You further represent and warrant that no hosted content violates or will violate the trademark, copyright, domain name, or intellectual property rights of any third party. Sparklight assumes no responsibility and You assume all risks regarding the determination of whether material is in the public domain or may otherwise be used for such purposes. Sparklight is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify Sparklight if they believe that a Sparklight customer has infringed the copyright owner’s work(s). You acknowledge and agree that Sparklight reserves the right to suspend or terminate the accounts of repeat copyright infringers under appropriate circumstances, as determined in Our sole discretion.
25. Monitoring. Sparklight has no obligation to monitor content - However, You agree that Sparklight has the right to monitor content and Your use of the Services, and to disclose any information as permitted or required by any law, regulation, or governmental request, or to protect Us or Our other customers.
26. Your Consent to Phone and Email Contact and Recording -
- Phone Calls- Sparklight may call or text You or authorize others to call or text You on Our behalf using any number that You provide to Us, or that We issue to You, for any purpose, including without limitation marketing of Our services. This is true even if Your numbers are included on state or federal “do not call” lists. You are responsible for charges for incoming text messages on Your wireless phone. However, if You wish to opt out of such communications, contact Sparklight (www.sparklight.com/contactus) and We will not call or text You, or authorize others to call or text You, at that number for marketing purposes. You must specifically express that You do not want to receive calls or texts for marketing purposes, and provide any information requested from You. Please note that it may take up to five business (5) days to complete your opt-out request.
- Robo-Calls- Sparklight, or persons acting on Our behalf, may use automated dialing systems or artificial or recorded voices to contact You or leave You messages if You do not answer.
- Recording of Calls- You agree that We may monitor or record Your telephone conversations with Us, regardless of whether We call You or You call Us.
- Emails- We may email You or authorize others to email You on Our behalf using any address You provide to Us, or that We issue to You, for any purpose, including without limitation marketing of Our Services. However, if you wish to opt out of such communications, contact Sparklight (www.sparklight.com/contactus) and We will not email You, or authorize others to email You, at that address for marketing purposes. You must specifically express that You do not want to receive emails for marketing purposes, and provide any information requested from You. Please note that it may take up to five business (5) days to complete your opt-our request.
27. Force Majeure - Notwithstanding anything herein to the contrary, Sparklight will not be liable to You or any other party for any failure or delay if due to any cause(s) beyond the reasonable control of Sparklight, including without limitation, fire, explosion, failure of the Internet or of third parties, failure or lack of access to transport networks or poles, vandalism, cable cuts, weather events, lightning, acts of God, any governmental action or any national emergencies, insurrections, riots, wars, public health emergency, strikes or other labor difficulties, or supplier or third-party failures or shortages.
28. Assignment and Third-Party Beneficiaries - This Agreement is solely for the benefit of Sparklight and You and is not enforceable by any other person. You may not assign or transfer Your obligations or rights related to the Equipment or Services, including without limitation to a new address, whether by operation of law or otherwise, without Sparklight’s prior written consent. Any attempted assignment in contravention hereof shall be null and void.
29. Severability - If any provision of this Agreement is determined to be unenforceable under applicable law, such provision shall be amended by a court of competent jurisdiction to accomplish the objectives of such provision to the greatest extent possible under applicable law, or severed from this Agreement if such amendment is not possible, and the remaining provisions of this Agreement shall continue in full force and effect.
30. Waiver - The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or a different provision of this Agreement.
31. Governing Law- This Agreement is governed by the laws of the State of Arizona, without regard to its conflicts of law provisions. You hereby consent to the exclusive jurisdiction and venue of the courts in Maricopa County, Arizona in all disputes arising out of or relating to this Agreement. In addition, You hereby waive any right to a jury trial.
32. Entire Agreement- This Agreement, and any applicable tariffs, service guides, policies, and other agreements specifically referenced herein constitute the entire agreement between Sparklight and You for the subject matter hereof. Only Sparklight may make modifications to this Agreement. The invalidity of unenforceability of any term of this Agreement shall not affect the validity or enforceability of any other provision.
TERMS AND CONDITIONS OF WEB
Sparklight® is a dba ("doing business as") alias of Cable One, Inc. (NYSE:CABO). In this document, "Cable One" means Cable One, Inc. and "Sparklight" means Sparklight® and includes any Cable One or Sparklight affiliate or subsidiary authorized to provide you with services. Specifically, Cable One affiliates or subsidiaries include Cable One VoIP LLC. Please read and review this document carefully before accessing further information on this website. By proceeding to access this website, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, please do not access or use this website. Sparklight may modify this agreement and its terms and conditions, and such modified agreement shall be effective immediately upon posting. Your continued access to or use of this website shall be deemed your conclusive acceptance of the agreement and its terms and conditions and any modifications thereto.
In this site, Sparklight, Inc. has attempted to provide information that is accurate, complete, and reliable as of the time it was published or posted. However, Sparklight makes no representation about the suitability or accuracy of the content provided by third parties or other information published on this site. All documents and related graphics are provided "As Is" without warranty of any kind, either express or implied.
Sparklight hereby disclaims all responsibility or warranties with regard to content provided by Sparklight or by third parties, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Sparklight neither makes nor implies a warranty as to the accuracy, completeness, or reliability of the content provided herein, including, without limitation, information regarding Sparklight's planned or prospective service offerings or service coverage. Sparklight disclaims all liability for technical inaccuracies, typographical errors, or other errors or omissions contained within this site. Sparklight does not warrant that this site or the server that makes it available are free of viruses or other harmful components, nor that access to this site will be uninterrupted or error-free, and Sparklight assumes no responsibility for any and all damage caused thereby. By proceeding to access this site, you hereby assume the entire risk of relying upon the information provided herein.
In no event shall Sparklight be liable for any damages, including, without limitation, special, direct, indirect, incidental, consequential, punitive, lost profits, or other damages arising from or in connection with the use, inability to use, or loss of the data contained within this site, whether in an action of contract, negligence, third-party claim, other tortuous action, or any other action or claim. This disclaimer applies to any damages, injury or loss caused by any failure in performance, error, defect, interruption, deletion, delay in operation or in the transmission thereof to the user, or for any other claims or losses arising there from or occasioned thereby.
You agree not to violate, or attempt to violate, the security of the Sparklight website or the Sparklight Internet Service. Any violations may result in criminal or civil liabilities to you. Examples of security violations include, but are not limited to: (a) accessing data not intended for you; (b) logging into an account you are not authorized to access; (c) taking any action in order to obtain websites to which you are not entitled; (d) attempting to probe, scan, or test the vulnerability of this website or the Sparklight Internet Service; and/or (e) attempting to interfere with this website or the Sparklight Internet Service.
You agree to use this website and the Sparklight Internet Service only for legitimate purposes and not to engage in the operation of any unlawful transactions or business. You agree not to use or allow any third party to use the website or Internet Service for or in furtherance of any unlawful purpose. You also agree to take all necessary precautions to preserve the secrecy of usernames and passwords and also to preserve the privacy of other users and the security of the website and Internet Service in accordance with this Agreement.
You expressly release Sparklight, and its directors, officers, shareholders, employees, representatives, agents, attorneys, consultants, successors and assigns, and their respective third party contractors from any responsibility to monitor the website or the Sparklight Internet Service. Sparklight reserves the right to suspend or terminate your access to the website and/or Internet Service immediately upon a violation or suspected violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Agreement.
You hereby represent, warrant and covenant to Sparklight that you shall use the website and Sparklight Internet service only for purposes set forth in this Agreement. You also agree to defend, indemnify and hold harmless Sparklight, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any and all claims, demands, losses, damages, liabilities, obligations, judgments, costs charges and expenses, including reasonable attorneys' fees, arising out of, in connection with or based upon, (a) your breach of any representation or warranty made herein, (b) the content you submit, post, transmit or make available through the website or Internet service, (c) your use of and connection to the website or Internet Service, or (d) your violation of any rights of another.
Sparklight may make changes to the information provided in this site, or to the products or services provided herein, at any time without notice. However, Sparklight has no obligation to provide such modifications or updates, or to continue to provide access to this site and may discontinue this site at any time in its sole discretion.